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Opinions Jan. 17, 2013

January 17, 2013
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Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler
53A01-1207-CT-315
Civil tort. Affirms denial of Ballaban’s motion to correct error and the grant of summary judgment in favor of the Bloomington Jewish Community Inc. and other appellees on his complaint after he was fired as rabbi for Beth Shalom. Finds evidence supporting the ruling that the ministerial exception applies. Denies appellees’ request for attorney fees. Judges Vaidik and Bailey concur in result in separate opinions.  

Kyle W. Dixon v. Ara J. Dixon
34A05-1206-DR-303
Domestic relation. Affirms order granting the notice of intent to relocate filed by Ara Dixon. The mother’s intent to relocate was made in good faith and not in haste, and father would be able to maintain virtually the same parenting time schedule.

Marilyn Carter v. State of Indiana (NFP)
49A02-1206-CR-457
Criminal. Affirms convictions for Class A misdemeanors resisting law enforcement and battery.

B.B., Jr. v. State of Indiana (NFP)
45A03-1205-JV-228
Juvenile.  Affirms adjudication as a delinquent for having committed what would be Class A misdemeanor cruelty to an animal if committed by an adult.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort.  Grants rehearing to clarify original opinion and affirms, in which the Court of Appeals reversed summary judgment for Hunt on a negligence claim. Judge Riley would deny rehearing.

Steven Newville v. State of Indiana (NFP)
34A02-1205-CR-379
Criminal. Affirms Class A felony conviction of attempted rape.

Garrick P. Twiford, Jr. v. State of Indiana (NFP)
20A04-1205-CR-284
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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